Editor's Note :

Editor's Note :

We expect additional orders from the December 2 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday.
On Monday the court hears oral arguments in Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris. Amy Howe has our preview.

Michigan v. Environmental Protection Agency

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
14-46 D.C. Cir. Mar 25, 2015
Tr.Aud.
Jun 29, 2015 5-4 Scalia OT 2014

Holding: The Environmental Protection Agency interpreted 42 U.S.C. §7412(n)(1)(A) of the Clean Air Act, which requires the agency to regulate power plants when “appropriate and necessary,” unreasonably when it refused to consider cost when making that decision.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Scalia on June 29, 2015. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer and Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 14 2014Petition for a writ of certiorari filed. (Response due August 15, 2014)
Jul 14 2014Appendix of Michigan, et al. filed.
Jul 29 2014Waiver of right of respondent White Stallion Energy Center, LLC to respond filed.
Aug 6 2014Order extending time to file response to petition to and including September 15, 2014, for all respondents.
Aug 6 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 7 2014Waiver of right of respondent ARIPPA to respond filed.
Aug 7 2014Waiver of right of respondent Utility Air Regulatory Group to respond filed.
Aug 8 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. VIDED.
Aug 8 2014Waiver of right of respondent FirstEnergy Generation Corp. to respond filed.
Aug 12 2014Waiver of right of respondents Edgecombe Genco, LLC and Spruance Genco, LLC to respond filed.
Aug 13 2014Waiver of right of respondent Oak Grove Management Company, LLC to respond filed.
Aug 15 2014Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America. VIDED.
Aug 15 2014Brief amicus curiae of Murray Energy Corporation filed.
Aug 15 2014Waiver of right of respondent Pennsylvania Department of Environmental Protection to respond filed.
Aug 25 2014Waiver of right of respondent Wyoming to respond filed.
Sep 2 2014Order extending time to file response to petition to and including October 15, 2014, for all respondents.
Oct 15 2014Brief of Federal Respondents in opposition filed. VIDED.
Oct 15 2014Brief of respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. in opposition filed. VIDED.
Oct 15 2014Brief of respondents American Academy of Pediatrics, et al. in opposition filed. VIDED.
Oct 15 2014Brief of Respondent States and Local Governments in opposition filed. VIDED.
Oct 29 2014DISTRIBUTED for Conference of November 14, 2014.
Oct 29 2014Reply of petitioners Michigan, et al. filed. (Distributed).
Nov 17 2014DISTRIBUTED for Conference of November 25, 2014.
Nov 25 2014Motion for leave to file amicus brief filed by The Chamber of Commerce of the United States of America GRANTED. VIDED
Nov 25 2014Petition GRANTED limited to the following question: Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities." The petitions for writs of certiorari in No. 14-47 and No. 14-49 are granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED
Dec 4 2014Briefing proposal of the parties. VIDED
Dec 17 2014Upon consideration of the letter of December 4, 2014, from counsel for petitioner in No. 14-47 on behalf of the parties, the following briefing schedule is adopted. The petitioners and respondents in support shall file a total of no more than three briefs on the merits, not to exceed 35,000 words in aggregate, on or before Tuesday, January 20, 2015. The respondents shall file briefs on the merits on or before Wednesday, February 25, 2015, as follows: brief of federal respondents not to exceed 15,000 words, and briefs for state and local government respondents, industry respondents, and nonprofit respondents, not to exceed 10,000 words each. Reply briefs of petitioners and respondents in support, not to exceed 12,000 words in aggregate, shall be filed on or before Wednesday, March 18, 2015. VIDED
Dec 22 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner, Utility Air Regulatory Group, in No. 14-47.
Jan 13 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents American Academy of Pediatrics, et al. VIDED.
Jan 14 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. VIDED.
Jan 14 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents State and Local Governments. VIDED.
Jan 15 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Oak Grove Management Company, LLC. VIDED.
Jan 20 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Edgecombe Genco, LLC, and Spruance Genco, LLC. VIDED.
Jan 20 2015The time to file the joint appendix is extended to and including January 23, 2015. VIDED
Jan 20 2015Brief of petitioners Michigan, et al. filed. VIDED.
Jan 20 2015Brief of National Mining Association filed. VIDED.
Jan 20 2015Brief of Utility Air Regulatory Group, et al. filed. VIDED.
Jan 23 2015Joint appendix 4 volumes filed. VIDED. (Statement of costs filed)
Jan 26 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners FirstEnergy Generation Corp. VIDED.
Jan 27 2015Brief amicus curiae of Cato Institute filed. VIDED.
Jan 27 2015Brief amicus curiae of Peabody Energy Corp. filed. VIDED.
Jan 27 2015Brief amicus curiae of Murray Energy Corporation filed. VIDED.
Jan 27 2015Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Jan 28 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State Petitioners in 14-46.
Jan 29 2015Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for respondent White Stallion Energy Center, LLC. VIDED.
Jan 30 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Environmental Protection Agency, et al. VIDED
Jan 30 2015Letter from Pennsylvania Department of Environmental Protection stating that it is not a party and does not wish to be a party in this case. VIDED.
Feb 2 2015SET FOR ARGUMENT ON Wednesday, March 25, 2015. VIDED
Feb 3 2015Record requested from U.S.C.A. District of Columbia Circuit.
Feb 4 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Wyoming. VIDED.
Feb 4 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent ARIPPA. VIDED
Feb 10 2015Record from U.S.C.A. District of Columbia Circuit is electronic and located on PACER.
Feb 12 2015CIRCULATED
Feb 18 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent State of Missouri. VIDED
Feb 25 2015Brief of respondents Environmental Protection Agency, et al. filed. VIDED. (Distributed)
Feb 25 2015Brief of respondents American Academy of Pediatrics, et al. filed. VIDED. (Distributed)
Feb 25 2015Brief of respondents States and Local Governments filed. VIDED. (Distributed)
Feb 25 2015Brief of respondent Calpine Corporation, Exelon Corporation, National Grid Generation LLC, and Public Service Enterprise Group, Inc. filed. VIDED. (Distributed)
Mar 2 2015Brief amicus curiae of American Thoracic Society filed. VIDED. (Distributed)
Mar 3 2015Motion for enlargement of time for oral argument and for divided argument filed by petitioners. VIDED. (Distributed)
Mar 3 2015Motion for enlargement of time for oral argument and for divided argument filed by Industry, State and Local Government, and Nonprofit respondents. VIDED.
Mar 4 2015Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
Mar 4 2015Brief amici curiae of National Congress of American Indians, et al. filed. VIDED. (Distributed)
Mar 4 2015Brief amici curiae of Experts in Air Pollution Control and Air Quality Regulation filed. VIDED. (Distributed)
Mar 4 2015Brief amicus curiae of Union of Concerned Scientists filed. VIDED. (Distributed)
Mar 4 2015Brief amici curiae of Emission Control Companies filed. VIDED. (Distributed)
Mar 4 2015Brief amicus curiae of The Institute for Policy Integrity at New York University School of Law filed. VIDED. (Distributed)
Mar 4 2015Brief amici curiae of Health Scientists, Dr. Lynn Goldman, et al. filed. VIDED. (Distributed)
Mar 9 2015Motion for enlargement of time and divided argument filed by petitioners GRANTED.
Mar 9 2015Motion for enlargement of time and for divided argument filed by Industry, State and Local Government, and Nonprofit respondents GRANTED.
Mar 18 2015Reply of petitioners Michigan, et al. filed. VIDED. (Distributed)
Mar 18 2015Reply of respondents Utility Air Regulatory Group, et al. filed. VIDED. (Distributed)
Mar 18 2015Reply of respondent National Mining Association filed. VIDED. (Distributed)
Mar 25 2015Argued. For state petitioners: Aaron D. Lindstrom, Solicitor General, Lansing, Mich. For industry petitioners and respondents in support: F. William Brownell, Washington, D. C. For federal respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D.C. For industry respondents: Paul Smith, Washington, D. C.
Mar 26 2015Letter from counsel for the federal respondents filed. VIDED (Distributed)
Mar 27 2015Letter from counsel for the industry respondents filed. VIDED (Distributed)
Mar 27 2015Joint letter of petitioners filed. VIDED (Distributed)
Jun 29 2015Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
Jul 31 2015JUDGMENT ISSUED.
 
Share:
Term Snapshot
Awards